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The Impact Of Estate Of Howell: Guardianship, Heir Misbehavior, And The Modern Family Within Illinois, 50 J. Marshall L. Rev. 615 (2017), Michael Habic Jan 2017

The Impact Of Estate Of Howell: Guardianship, Heir Misbehavior, And The Modern Family Within Illinois, 50 J. Marshall L. Rev. 615 (2017), Michael Habic

UIC Law Review

This Comment shall discuss and evaluate the guardianship decision-making standard implemented in Estate of Howell as it relates to guardianships of disabled persons, and why Illinois has the best scheme for safeguarding the assets of a disabled adult when a guardian creates an estate plan on his or her behalf. The discussion is based on the holding in Estate of Howell that a guardian may act on behalf of the disabled adult’s interests and therefore the disabled adult’s last will and testament need not conform to the rules of intestacy, because of the hierarchical substituted judgment and best interests rule …


The Intersection Of Agency Doctrine And Elder Law: Attorney-In-Fact Authority To Arbitrate Nursing Home Claims, 49 J. Marshall L. Rev. 39 (2015), Thomas Simmons Jan 2015

The Intersection Of Agency Doctrine And Elder Law: Attorney-In-Fact Authority To Arbitrate Nursing Home Claims, 49 J. Marshall L. Rev. 39 (2015), Thomas Simmons

UIC Law Review

With the popularity of durable powers of attorney to manage the estates and personal affairs of individuals with diminished capacity, construction of the scope of powers with which agents are acting is of increasing importance. Some acts should be seen as so inherently personal or so dramatically inconsistent with the expected role of an agent as to be simply outside the scope of agency altogether. Others, such as those involving gifts, self-dealing transactions, or constitutional rights, should be never implied but honored when located within the express terms of an agent’s authority. The remaining powers should be construed and mapped …


A Uniform Perpetuities Reform Act, 16 N.Y.U. J. Legis. & Pub. Pol'y 89 (2013), Scott Andrew Shepard Jan 2013

A Uniform Perpetuities Reform Act, 16 N.Y.U. J. Legis. & Pub. Pol'y 89 (2013), Scott Andrew Shepard

UIC Law Open Access Faculty Scholarship

For centuries the Rule Against Perpetuities provided protection against a pair of dangers: that important stocks of property would become, effectively, permanently inalienable as a result of perpetual conditional gifts; and that the dead would be permitted to control the destinies of the living by placing permanent conditions on the fixed stock of available wealth (i.e., land wealth). In recent decades, though, the states have increasingly abandoned the Rule and its protections. As of 2011 all states have migrated, at least in part, beyond the traditional "twenty-one-years- plus-life-in-being" rule, and more than half have actually or effectively abolished their rules, …


Teaching Trusts & Estates And Elder Law: Pedagogy For The Future, 117 Penn St. L. Rev. 987 (2013), Susan Cancelosi, Barry Kozak Jan 2013

Teaching Trusts & Estates And Elder Law: Pedagogy For The Future, 117 Penn St. L. Rev. 987 (2013), Susan Cancelosi, Barry Kozak

UIC Law Open Access Faculty Scholarship

No abstract provided.


Which The Deader Hand - A Counter To The American Law Institute's Proposed Revival Of Dying Perpetuities Rules, 86 Tul. L. Rev. 559 (2012), Scott Andrew Shepard Jan 2012

Which The Deader Hand - A Counter To The American Law Institute's Proposed Revival Of Dying Perpetuities Rules, 86 Tul. L. Rev. 559 (2012), Scott Andrew Shepard

UIC Law Open Access Faculty Scholarship

Encouraged primarily by a fluke in federal estate and gift law, more than half of the states have either effectively or entirely abolished their rules against perpetuities in the past two decades. The American Law Institute, deeply troubled by this development has adopted for its Third Restatement a proposed rule against perpetuities that would essentially prohibit conditional gifts to continue for the benefit of parties born more than two generations after the transferor.

The ALI's efforts are misguided. The rule against perpetuities was the product of a legal, political, and social age very different than our own. It was designed …


The Irs's Flawed Solution To The Controversy Over Deductible Claims Against The Estate And The Necessity For A Date-Of-Death Standard, 42 J. Marshall L. Rev. 789 (2009), Lisa K. Johnson Jan 2009

The Irs's Flawed Solution To The Controversy Over Deductible Claims Against The Estate And The Necessity For A Date-Of-Death Standard, 42 J. Marshall L. Rev. 789 (2009), Lisa K. Johnson

UIC Law Review

No abstract provided.


The Puzzling Case Of Max Feinberg: An Analysis Of Conditions In Partial Restraint Of Marriage, 43 J. Marshall L. Rev. 265 (2009), Jeremy Macklin Jan 2009

The Puzzling Case Of Max Feinberg: An Analysis Of Conditions In Partial Restraint Of Marriage, 43 J. Marshall L. Rev. 265 (2009), Jeremy Macklin

UIC Law Review

No abstract provided.


Practical Planning Ideas For Distibutions From Iras And Qualified Plans, 37 J. Marshall L. Rev. 807 (2004), Steven R. Lifson Jan 2004

Practical Planning Ideas For Distibutions From Iras And Qualified Plans, 37 J. Marshall L. Rev. 807 (2004), Steven R. Lifson

UIC Law Review

No abstract provided.


Does A Life Insurance Subtrust Create A Prohibited Assignment Within A Qualified Plan?, 34 J. Marshall L. Rev. 727 (2001), Stephen Brooks Jan 2001

Does A Life Insurance Subtrust Create A Prohibited Assignment Within A Qualified Plan?, 34 J. Marshall L. Rev. 727 (2001), Stephen Brooks

UIC Law Review

No abstract provided.


Discrimination After Death, 53 Okla. L. Rev. 389 (2000), Mark E. Wojcik Jan 2000

Discrimination After Death, 53 Okla. L. Rev. 389 (2000), Mark E. Wojcik

UIC Law Open Access Faculty Scholarship

No abstract provided.


Boggs V. Boggs: Creating Real-Life Cinderellas, 33 J. Marshall L. Rev. 271 (1999), Heather J. Rose Jan 1999

Boggs V. Boggs: Creating Real-Life Cinderellas, 33 J. Marshall L. Rev. 271 (1999), Heather J. Rose

UIC Law Review

No abstract provided.


Is It A Grantor Chartable Lead Trust Or Not - How The Grantor Trust Rules Interact With The Charitable Lead Trust, 30 J. Marshall L. Rev. 1023 (1997), Jennifer I. Last Jan 1997

Is It A Grantor Chartable Lead Trust Or Not - How The Grantor Trust Rules Interact With The Charitable Lead Trust, 30 J. Marshall L. Rev. 1023 (1997), Jennifer I. Last

UIC Law Review

No abstract provided.


Beating The Grim Reaper, Or Just Confusing Him - Examining The Harmful Effects Of Viatical Settlement Regulation, 27 J. Marshall L. Rev. 581 (1994), Jennifer Berner Jan 1995

Beating The Grim Reaper, Or Just Confusing Him - Examining The Harmful Effects Of Viatical Settlement Regulation, 27 J. Marshall L. Rev. 581 (1994), Jennifer Berner

UIC Law Review

No abstract provided.


Defamation By Will: Theories And Liabilities, 27 J. Marshall L. Rev. 749 (1994), Paul T. Whitcombe Jan 1994

Defamation By Will: Theories And Liabilities, 27 J. Marshall L. Rev. 749 (1994), Paul T. Whitcombe

UIC Law Review

No abstract provided.


In Terrorem Clauses: More Bark Than Bite?, 25 Loy. U. Chi. L.J. 493 (1994), Ronald Z. Domsky Jan 1994

In Terrorem Clauses: More Bark Than Bite?, 25 Loy. U. Chi. L.J. 493 (1994), Ronald Z. Domsky

UIC Law Open Access Faculty Scholarship

No abstract provided.


Family Surrogate Laws: A Necessary Supplement To Living Wills And Durable Powers Of Attorney, 38 Vill. L. Rev. 103 (1993), Ardath A. Hamann Jan 1993

Family Surrogate Laws: A Necessary Supplement To Living Wills And Durable Powers Of Attorney, 38 Vill. L. Rev. 103 (1993), Ardath A. Hamann

UIC Law Open Access Faculty Scholarship

No abstract provided.


Legal Issues Confronting Families Affected By Hiv, 24 J. Marshall L. Rev. 543 (1991), James Monroe Smith Jan 1991

Legal Issues Confronting Families Affected By Hiv, 24 J. Marshall L. Rev. 543 (1991), James Monroe Smith

UIC Law Review

No abstract provided.


Your Hiv Positive Client: Easing The Burden On The Family Through Estate Planning, 24 J. Marshall L. Rev. 509 (1991), Emily Berendt, Laura Lynn Michaels Jan 1991

Your Hiv Positive Client: Easing The Burden On The Family Through Estate Planning, 24 J. Marshall L. Rev. 509 (1991), Emily Berendt, Laura Lynn Michaels

UIC Law Review

No abstract provided.


The Suicidal Decedent: Culpable Wrongdoer, Or Wrongfully Deceased, 24 J. Marshall L. Rev. 463 (1991), Allen C. Schlinsog Jr. Jan 1991

The Suicidal Decedent: Culpable Wrongdoer, Or Wrongfully Deceased, 24 J. Marshall L. Rev. 463 (1991), Allen C. Schlinsog Jr.

UIC Law Review

No abstract provided.


American Family Law In The Age Of Aids: An Annotated Bibliography, 24 J. Marshall L. Rev. 625 (1991), John R. Austin, Rebecca S. Trammell Jan 1991

American Family Law In The Age Of Aids: An Annotated Bibliography, 24 J. Marshall L. Rev. 625 (1991), John R. Austin, Rebecca S. Trammell

UIC Law Review

No abstract provided.


Real Estate Law In Probate Practice: Tales Of Woe, Warning, And Wisdom, 23 J. Marshall L. Rev. 121 (1989), Frank J. Harrison Jan 1989

Real Estate Law In Probate Practice: Tales Of Woe, Warning, And Wisdom, 23 J. Marshall L. Rev. 121 (1989), Frank J. Harrison

UIC Law Review

No abstract provided.


The Doctrine Of Worthier Title In Illinois: Burying The Dead, 23 J. Marshall L. Rev. 81 (1989), Taylor Mattis, David Schellenberg Jan 1989

The Doctrine Of Worthier Title In Illinois: Burying The Dead, 23 J. Marshall L. Rev. 81 (1989), Taylor Mattis, David Schellenberg

UIC Law Review

No abstract provided.


The Public-Spirited Defendant And Others: Liability Of Directors And Officers Of Not-For-Profit Corporations, 17 J. Marshall L. Rev. 665 (1984), Bennet B. Harvey Jr. Jan 1984

The Public-Spirited Defendant And Others: Liability Of Directors And Officers Of Not-For-Profit Corporations, 17 J. Marshall L. Rev. 665 (1984), Bennet B. Harvey Jr.

UIC Law Review

No abstract provided.


The Pitfalls Of Will Contest Litigation, 16 J. Marshall L. Rev. 499 (1983), Peter I. Mason, Mark W. Weisbard Jan 1983

The Pitfalls Of Will Contest Litigation, 16 J. Marshall L. Rev. 499 (1983), Peter I. Mason, Mark W. Weisbard

UIC Law Review

No abstract provided.


Illinois Indepedent Administration Of Decedent's Estates - A Will Without Probate, 14 J. Marshall L. Rev. 519 (1981), Anne V. Swanson Jan 1981

Illinois Indepedent Administration Of Decedent's Estates - A Will Without Probate, 14 J. Marshall L. Rev. 519 (1981), Anne V. Swanson

UIC Law Review

No abstract provided.


Qualifying Gifts Of Fractional Shares Of Illinois Land Trusts For The Present Interest Exclusion, 14 J. Marshall L. Rev. 717 (1981), Wallace J. Wolf Jan 1981

Qualifying Gifts Of Fractional Shares Of Illinois Land Trusts For The Present Interest Exclusion, 14 J. Marshall L. Rev. 717 (1981), Wallace J. Wolf

UIC Law Review

No abstract provided.


The Illinois Probate Act: Dispositions Subject To Contrary Will Intent, 11 J. Marshall J. Prac. & Proc. 154 (1977), Louise M. Calvert Jan 1977

The Illinois Probate Act: Dispositions Subject To Contrary Will Intent, 11 J. Marshall J. Prac. & Proc. 154 (1977), Louise M. Calvert

UIC Law Review

No abstract provided.